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#1 |
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Cream of the Crop
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I received a message this morning from a lady asking me if her tv production company may use one of my pics for a tv show. I'm not sure I understand any of this, so maybe someone here can translate this into plain English:
My name is A. M. (edit). I am interested in using your image of the venus fly trap for an animated project I'm currently working on. The project is an educational series for broadcast TV about little animals saving other baby animals. We are looking to use just a portion of the images to complete an original character design. Since we are producing the show for a third party broadcaster, we would need to have the images (non-exclusively) in all forms of media in perpetuity and I am unable to guarantee screen credit. But that means that your shots would be used for TV! Do you think we could use it? Do you have any others? We would need them in high resolution (b/w 180-300 dpi at 1480x1040 pixels, at least). As I understand this I won't get paid/credited (no problem, it's a kids show), I loose the rights to the image (can I continue showing it in my gallery?). Any suggestions what I should do? |
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#2 |
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Member
Join Date: Jul 2006
Location: State of Confusion
Posts: 545
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> we would need to have the images (non-exclusively) in all forms of media in perpetuity and I am unable to guarantee screen credit.
Basically, they want to buy it from you as a ROYALTY-FREE image. Buy once, use forever. I don't think you lose the copyrights to the image. But they don't want to pay you everytime they use/show the image on TV. It might be good exposure for you... just make sure to price them accordingly for perpetual use. ... and make it clear in writing that you still own the copyrights and this is just a license.
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#3 |
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Member
Join Date: Feb 2005
Posts: 115
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I just don't see the benefit of giving a tv production company (which obviously has a budget, even if it's a PBS-type show) rights to your image for absolutely nothing in return. The bottom line is they will be profiting off of your image. You should at least get something for it, especially if they requite the images "in all forms of media in perpetuity".
As I read your post, I don't believe that you lose the rights to the image. They are saying that they want the image "non-exclusively" which should give you the freedom to display or even sell/license your image to others. If you decide to give it to them, be sure to have that issue cleared up and reflected in any paperwork involved.
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Digital Rebel | Tokina 12-24 f4 | 18-55 Kit Lens | 50 f/1.8 | 75-300 IS | 70-200 f/4 L |
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#4 | |
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Member
Join Date: Feb 2005
Posts: 115
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Quote:
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Digital Rebel | Tokina 12-24 f4 | 18-55 Kit Lens | 50 f/1.8 | 75-300 IS | 70-200 f/4 L |
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#5 |
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Member
Join Date: Jan 2002
Location: Louisiana, USA
Posts: 665
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I wouldn't do it without getting paid. If you get no money and no credit then what's in it for you? They have a budget and they can afford to pay you if they really want to use it. Of course they are going to try to get it for free but don't let them take advantage of you. You deserve to be paid.
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Todd Walker http://twalker294.posterous.com/ Canon 40D, 10D, G9, SX20IS, and SD500 |
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#6 |
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Member
Join Date: Jul 2006
Posts: 60
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I'm sure they can come up with SOME payment for the use of your image in perpetuity. After all does this production company ask the electric utility for free electricity? Do they expect the landlord of their building to give them free rent? Do they go into a bookstore for reference material and expect to walk out with books for free? Do THEY give away THEIR work to broadcasters for free? Don't let them get away with devaluing your artwork. I'm not saying you have to be draconian about demanding payment, but even offering a token amount in return would have been the polite thing for them to do.
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#7 |
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Goldmember
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congrats on them wanting to use it but if you dont get exposure then whats the point.
Depends of your kind hearted enough to just let them use it
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every mistake is a lesson learned Canon 300D 18-55 Kit, Canon 35-80, Canon 50mm 1.8, Sigma 500 DG Super, Bits n Bobs Your Mind Is Like A Parachute.....Only Works When Open.
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#8 |
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Cream of the Crop
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Many thanks to you all for taking the time to respond, I really appreciate any help I can get
At this point I am just assuming that they want the picture/s for free, mainly since the words "purchase" or "buy" or "sell" were not mentioned. I looked around and there seem to be several pricing guidelines for print media, nothing however for "movies". I guess I should ask first how they plan on using the pic/s before I think about any further details, right? |
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#9 |
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Member
Join Date: Jul 2006
Location: State of Confusion
Posts: 545
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Oops... didn't see that FREE word.
Here's what... Miss AM and her company is getting paid. She's getting paid. And you're not ? The LEAST they can do is give you at least on-screen credits. or mail you a B&H gift certificate or Starbucks gift card The deal seems lopsided to me. It's all to their advantage (also lessens their production cost too because they're getting it for free). Meanwhile, you're getting nothing.
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Save money! Check out my DIY projects! Canon EOS 30D, Canon Digital Rebel Canon 10-22mm EFS, 70-200mm f4L, 24-105 f4L IS Canon 50mm f1.8 EF, Canon 75-300mm EF lens Sigma 150mm Macro, Canon 380EX Flash DIY High-Speed Sound-activated Flash Trigger and Nikon SB-26 Flash Last edited by fivefish : 25th of August 2006 (Fri) at 17:08. |
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#10 | |
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Cream of the Crop
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Quote:
Good point, maybe I should assume they'd pay something I sent her an email back asking for clarification about how the pic/s would be used etc, just to test if she is even interested enough to reply. How does one use a picture in a movie anyway? |
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#11 |
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should have taken his own advice
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No credit?
No pay? No chance... |
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#12 |
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Goldmember
Join Date: May 2005
Location: Orlando Fl.
Posts: 2,259
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To give it away without credit is just lowering the standards of all photographers. And I honestly don't think they want it for free, they just don't want to pay you everytime it's used. They probably just want to pay a one time fee. So figure out what you want to charge them and respond with that price.
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#13 |
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Goldmember
Join Date: Jan 2003
Location: Oregon
Posts: 2,708
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On microstock sites where I submit some of my work, I get paid about 10 dollars a download for extended license usage of my images. I know it's cheap, but hundreds of people can download and use the same image and everything runs automatically.
In this case though, you will have to manually prepare and send them the file, which calls for a little extra work on your part. I wouldn't consider doing it for anything less than $35.00. If it were exclusive rights they were after, the starting price would be around ten times that.
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Craig Canon 5d mk II, various lenses and accessories See my gallery at: http://www.shutterstock.com/gallery....6114&rid=56114 Last edited by rssfhs : 26th of August 2006 (Sat) at 02:31. |
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#14 |
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Senior Member
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The way they said, "But that means that your shots would be used for TV!" kind of bothers me. Like you should be so excited that your pic would be on TV you'd be willing to forgo getting paid or getting credit. I could understand no pay, but credit, or no credit but pay, but neither one? That's a lot to ask. Seems like she's on a budget and figures she can cut cost on the photography. Just my opinion.
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#15 | |
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Member
Join Date: Aug 2005
Location: Chester County, PA USA
Posts: 804
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Quote:
But they're not asking you to give up any rights to use it yourself, just to give them permission to use it for TV productions,perhaps promotional materials, etc.
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S2IS 30D; 24-85 EF; 70-300 EF IS; 50 1.4 EF and a much-beloved old FTb 35mm! |
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